FEMA Public Assistance Eligibility & Costs

EMERGENCY COVID-19 RESPONSE FIRST,BUT TRACK & DOCUMENT COSTS

CONSISTENT COST TRACKING AND DOCUMENTATION OF COVID-19 RESPONSE COSTS WILL MAKE A REIMBURSEMENT DIFFERENCE

 Emergency responses and urgent public health responses are critical priorities. However, financial disaster recovery from the Covid-19 Pandemic response actions will become an essential budget issue in light of reducing tax revenues and increased demand for services.

Accounting Considerations -Tracking and Managing Coronavirus Recovery Costs

PROJECT FORMULATION STRATEGIES WILL BE INFLUENCED BY HOW COSTS ARE TRACKED & DOCUMENTED

Recognizing the logistical and bureaucratic challenges this unprecedented response effort will bring, FEMA is actively working to develop a simplified application and funding process. Your experience with the FEMA Public Assistance Covid-19 Simplified Grant Process will be materially less administratively painful with smoother quicker reimbursement of costs: If you accurately track and document COVID-19 response expenditures,

  •  It is essential to consistently use activity/cost codes for COVD19 on all purchases of material, labor, supplies, contracts, services, and equipment that are directly related to responding to the COVID-19
  •  The cost coding systems used by your entity will depend on your supporting technology for operations accounting for payroll, materials/supplies, contracts, and purchasing order

 FEMA Public Assistance program is a REIMBURSEMENT program.

Applicants for Public Assistance MUST TAKE IMMEDIATE PROACTIVE ACCOUNTING MEASURES

To help you proactively navigate the complex FEMA programs and track eligible costs incurred, the information available here is provided as a PUBLIC SERVICE so that you and your teams can better track Covid-19 disaster-related costs for financial recovery.

IMPORTANT – ONLY FEMA CAN MAKE ELIGIBILITY AND COST DETERMINATIONS

Examples of possible eligible Covid-19 expenditures that should be tracked and documented such as, but not limited to:

  • Materials and Supplies used for Covid-19 by staff or contractors
  • Consumable medical supplies that are ingested, injected, or applied or are for one- time use only
  • Evacuation Including Accessible Transportation and Emergency Medical Transportation
  • Rented Equipment used to provide emergency Covid-19 services
  • Durable medical equipment necessary for the treatment of Covid-19 or to prevent a patient’s further
  • Contracts (existing and procured) to provide Covid-19 support services
  • Temporary Relocation of Essential Services
  • Donated Resources including materials, supplies, commercial services, volunteers

Management, control and reduction of immediate threats to public health and safety:

  • Emergency Operation Center costs
  • Training specific to the declared event
  • Disinfection of eligible public facilities
  • Technical assistance to state, tribal, territorial or local governments on emergency management and control of immediate threats to public health and safety
  • Provision of meals, including beverages and meal supplies, for employees and volunteers engaged in eligible Emergency Work, including those at EOCs provided individuals are not receiving per diem and other conditions

Emergency medical care:

  • Non‐deferrable medical treatment of infected persons in a shelter or temporary medical facility
  • Related medical facility services and supplies 
  • Temporary medical facilities and/or enhanced medical/hospital capacity (for treatment when existing facilities are reasonably forecasted to become overloaded in the near term and cannot accommodate the patient load or to quarantine potentially infected persons)
  • Use of specialized medical equipment
  • Medical waste disposal
  • Emergency medical transport 

Eligible medical care includes, but is not limited to: 

  • Triage and medically necessary tests and diagnosis
  • Treatment, stabilization, and monitoring
  • First-aid assessment and provision of first aid
  • A one-time 30-day supply of prescriptions for acute conditions or to replace maintenance prescriptions
  • Vaccinations for survivors and emergency workers to prevent outbreaks of infectious and communicable diseases
  • Durable medical equipment
  • Consumable medical supplies
  • Temporary facilities, such as tents or portable buildings for treatment of survivors
  • Leased or purchased equipment for use in temporary medical care facilities
  • Security for temporary medical care facilities
  • Use of ambulances for distributing immunizations and setting up mobile medical units
  • Medical sheltering (e.g. when existing facilities are reasonably forecasted to become overloaded in the near future and cannot accommodate needs)
  • All sheltering must be conducted in accordance with standards and/or guidance approved by HHS/CDC and must be implemented in a manner that incorporates social distancing measures
  • Non‐congregate medical sheltering is subject to prior approval by FEMA and is limited to that which is reasonable and necessary to address the public health needs of the event, is pursuant to the direction of appropriate public health officials and does not extend beyond the duration of the Public Health Emergency
  • Household pet sheltering and containment actions related to household pets in accordance with CDC guidelines
  • Purchase and distribution of food, water, ice, medicine, and other consumable supplies, to include personal protective equipment and hazardous material suits 
  • Movement of supplies and persons
  • Security and law enforcement
  • Communications of general health and safety information to the public
  • Search and rescue to locate and recover members of the population requiring assistance
  • Reimbursement for state, tribe, territory and/or local government force account overtime costs
  • Force Account Equipment – your equipment used in conjunction with Covid-19 responses

 While communities that regularly experience natural disasters like hurricanes, tornadoes, and earthquakes are familiar with FEMA's Public Assistance process, the President's recent declaration of a nationwide emergency under the Stafford Act encompasses every state, including tens of thousands of eligible applicants (if not more) for disaster assistance, many of which are navigating unfamiliar territory.

While this is only the first step of a much larger, longer, and burdensome reimbursement process, it should be helpful to you and your team.

 It is recommended that more than one Covid-19 cost code be used, but your accounting staff and technology capacity and complexity of your Covid-19 reimbursement needs will determine what is best for your entity. Most entities track expenses by department/division, which will be necessary to your documentation proof of payment by area of Covid-19 response. Consider as a minimum the following Covid-19 expenses by: 

  • Your standard reporting cost centers such as public safety, public health, etc
  • Categories of work/costs such as supplies, contracts, services,
  • Delivery of emergency services such as force account labor (your employees) and contractors
  • Increased operating costs as a result of Covid-19 service demands
  • Communications costs
  • Mutual Aid and Sheltering costs

At a minimum, you should track and organize ALL Covid-19 costs and related work into four broad categories:

  • PUBLIC HEALTH including MEDICAL CARE & TESTING
  • PUBLIC SAFETY
  • ESSENTIAL SERVICES OPERATIONS
  • CONTINUITY OF OPERATIONS/SERVICES  

Other points to consider

  1. Document Direction or Orders from Public Health Officials. Unlike typical FEMA declarations for storm damage, the pandemic nature of this disaster adds different requirements needed to substantiate costs. FEMA published guidance on March 19, 2020 indicating basic types of eligible emergency protective measures required by the COVID-19 response. In that guidance, FEMA stated that "eligible emergency protective measures taken to respond to the COVID-19 emergency at the direction or guidance of public health officials may be reimbursed under Category B of FEMA's Public Assistance program." Thus, before making significant expenditures with the expectation that FEMA will reimburse those costs, ensure the measures to be taken are at the written direction of a federal, state or local public health official and keep that written guidance with your procurement file. See more about this here.
  2. Confirm the "Applicant" and LEGAL RESPONSIBILITY. Due to the unique considerations and each governor's preferences, certain costs/work may be done by either the applicant or directly by the state through an agreement with the applicant. Understanding upfront who will be responsible for applying for assistance to FEMA will drive contracting standards, responsibilities, and even funding. FEMA is attempting to create and implement a new expedited reimbursement system, but it is a new process, FEMA is still weeks away from the Grants  Portal and process being ready. 
  3. Track All Funding - Finance Department Involvement is Critical. FEMA strictly prohibits duplication of benefits. Applicants must be mindful and track all funding, including payments from HHS/CDC or State. All costs and funding sources must be closely tracked. If other funding is available for FEMA-eligible services or costs, including costs to construct additional capacity, FEMA may adjust otherwise eligible  
  1. Document Escalation of Costs. There are reports across the country of supply and medical staff shortages causing higher than normal costs. When contracting, attempt to get as many quotes as possible from contractors and suppliers and keep detailed documentation of those attempts, and also document the reasons of the escalating costs of these healthcare workers. FEMA requires that cost be "reasonable" in order to qualify for reimbursement. A cost is reasonable if in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the COSTS. 
  1. Track Volunteer and Donated Resources as Possible Credit for Non-Federal Share. When individuals and organizations donate resources to assist with response and recovery operations, the value of those donations may be used to offset the non-federal cost share. Applicants should keep detailed logs of all volunteer hours and donations and even consider appointing a donation and volunteer coordinator to keep a centralized repository. Considering the amount of detail FEMA requires, these documents need to be kept as contemporaneously as possible. The below must be documented:
  • The donated resource is from a third-party (a private entity or individual that is not a paid employee of the applicant or federal, state, territorial, or tribal government);
  • The donated resource is necessary and reasonable for the accomplishment of the project;
  • The applicant uses the resource in the performance of eligible work and within the respective project's period of performance; and
  • The applicant or volunteer organization tracks the resources and work performed, including description, specific locations, and

 Federal Procurement and Contracting Considerations. Contracts must include all federal requirements, terms, and provisions. This can be done when signing, or existing contracts may be modified to ensure compliance. This is a fundamental eligibility requirement to receive FEMA reimbursement. FEMA's Procurement Disaster Assistance Team website has more details on the requirements. Also, make sure to document the procurement process and the emergency conditions requiring the expenditure. Although it may seem obvious and unnecessary right now, many of these costs will be reviewed and audited months or years later 

  1. What will the process be like for COVID-19, and how will it differ from previous FEMA-eligible disasters? Because the COVID-19 emergency declaration limits reimbursement to Category B emergency protective measures and does not involve the repair or replacement of buildings or infrastructure, FEMA is working to simplify the process to the greatest extent possible. FEMA intends to keep many steps in the reimbursement process the same, including the initial application process, development of scopes of work and cost estimates, compliance reviews, and eligibility reviews. However, due to the enormous breadth of the disaster, FEMA has taken the extraordinary step of reducing documentation requirements. For the COVID-19 pandemic, FEMA's program will be administered as follows: 
  1. Attend virtual applicant briefing. Your STATE Emergency Management Agency will notify you are scheduled briefings in your State 
  1. Log on or create account in PA Grants Portal. Experienced applicants will be able to access the COVID-19 emergency (or disaster for jurisdictions where a Major Disaster has been declared) in the Grants Portal using their current accounts. New users will need to contact their local or state emergency management departments to obtain access. 
  1. Submit Request for Public Assistance (RPA). An RPA is a relatively simple form that begins the Public Assistance process. It includes information about the applicant's location, authorized agent, and type of organization. Applicants must submit an RPA within 30 days of the emergency or disaster declaration.  
  1. Submit COVID-19 PW. It remains to be seen how FEMA will streamline the project formulation process, but it is "developing a simplified online form applicant can complete, and on which they may explain work activities, answer basic questions, provide limited supporting documentation, and provide a cost estimate." At this point, the form will ensure the U.S. Department of Health and Human Services and Centers for Disease Control and Prevention are not duplicating the funding and that it will require minimal documentation to support eligibility based on the project's risk of providing ineligible funding and emergency needs: 
Expedited Projects: Limited documentation but funded at 50 percent. See the FEMA current disaster guidance
Small Projects (greater than or equal to $3,300; maximum $131,100): Limited documentation and self-certified as to basic eligibility requirements. See the Self-Certification
Large Projects (greater than $131,100): Limited documentation but full FEMA review based on the amount of funding 
  1. FEMA and recipient review documents. FEMA's statement that only "limited documentation" is required is an ambiguous standard at this time. It is recommend that where possible, applicants (or for-profit entities acting pursuant to agreements with applicants) keep records of (a) purchases and other costs incurred for medical supplies and equipment, (b) daily summaries of the emergency work performed by employees, and (c) for each major procurement, maintain a procurement file demonstrating steps taken in selecting the contractor, and also specifying the efforts taken by the applicant to control FEMA has to be able to show to auditors that it sought, even in this emergency environment, to assure work and costs were eligible and reasonable. FEMA will "follow up with limited requests for additional information if necessary." 
  1. Sign the final grant for SPECIFIC PROJECTS. Applicants should be able to determine the best Project Formulation strategies, but FEMA may provide specific guidance 
  1. Receive funding. As noted above, all funding flows from FEMA through the recipient to the subrecipient. FEMA has said this process is designed to get funding to local officials more quickly and that funding is immediately available where expedited assistance is needed. Good documentation and summary cost reports will materially improve your

Coronavirus (COVID-19) Pandemic: Emergency Medical Care

The FEMA COVID-19 Emergency Protective Measures Fact Sheet included a list of eligible emergency medical care activities. The eligibility of emergency medical care activities as an emergency protective measure under the Emergency Declaration and any Major Disaster Declaration authorizing Public Assistance (PA) for COVID-19 will be an evolving process. A guiding principle would be any increased operational costs related to Covid-19 should be considered for  financial recovery. The challenge will be whether recovery will be FEMA Public Assistance Program or other Federal or State Covid-19 funding programs. 

General Eligibility Considerations for Emergency Medical Care

Eligible emergency protective measures taken to respond to the COVID-19 emergency at the direction or guidance of public health officials may be reimbursed under the PA program. On March 19, 2020, FEMA released the COVID-19 Emergency Protective Measures Fact Sheet which outlines the types of emergency protective measures that may be eligible under the PA program in accordance with the COVID-19 Emergency Declaration.

General eligibility considerations for emergency medical care activities apply to all claimed work and associated costs. They include Applicant, Facility, Work, and Cost eligibility to which all claims are subject under the PA program.

Applicant Eligibility

SLTT government entities are eligible to apply for PA.  Certain PNP organizations are eligible to apply for PA, including those that own and/or operate medical care facilities.

Private for profit entities, including for profit hospitals, are not eligible for assistance from FEMA under PA.  SLTT government entities may contract with for profit hospitals to carry out eligible emergency protective measures.  FEMA will reimburse the eligible Applicant for the cost of eligible work, and the Applicant will then pay the private entity for the provision of services.

Facility Eligibility

For SLTT governments, evaluating facility eligibility is not necessary for most emergency work.  PNPs are generally not eligible for reimbursement for emergency services because they are not legally responsible for providing those services.

PNPs that own or operate a medical or custodial care facility are eligible for:

  • reimbursement of costs from FEMA related to patient evacuation when such an action is needed.
  • in limited circumstances, reimbursement when essential components of a facility are urgently needed to save lives or protect health and safety, such as an emergency room of a PNP hospital.
  • reimbursement of costs for emergency medical care, as outlined in the Eligible Emergency Medical Care Activities section.

Work Eligibility

Work must be necessary as a direct result of the emergency or major disaster (44 CFR §206.223(a)(1)).Costs must be directly related to COVID-19 cases. For example, emergency medical care costs related to a non-COVID-19 illness or injury are not eligible. 

Costs for personal protective equipment (PPE) for health care providers who are working in a hospital treating COVID-19 patients are eligible, as it is necessary to prevent further spread of the virus and protect health care workers and other patients.  

Cost Eligibility

All assistance provided under PA is subject to standard program eligibility requirements, including reasonable cost, procurement, and duplication of benefits requirements.

 FEMA cannot: 

  • Provide assistance under PA that is covered by another funding source.
  • Duplicate assistance provided by HHS, including the Centers for Disease Control and Prevention (CDC), or other federal agencies.
  • This includes funding provided by the Public Health Emergency Preparedness Cooperative Agreement Program; the Public Health Crisis Response Cooperative Agreement; the Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases; and grants available from the HHS Office of the Assistant Secretary for Preparedness and Response. 
  • Provide PA funding for emergency medical care costs if they are covered by another source, including private insurance, Medicare, Medicaid, or a pre-existing private payment agreement.
  • The Applicant must be able to provide documentation verifying that insurance coverage or any other source of funding, including private insurance, Medicaid, or Medicare, has been pursued or does not exist for the costs associated with emergency medical care and emergency medical evacuations.  
  • Each applicant will need to agree to the stipulation in the grant conditions of all FEMA awards that funding is not also being received from another funding source.  FEMA is coordinating with HHS to share information about funding from each agency to assist in the prevention of duplication of benefits.

Other Considerations for Emergency Medical Care Eligibility

When the emergency medical delivery system within a declared area is destroyed, severely compromised, or overwhelmed, FEMA may fund extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care or expanding existing medical care capacity in response to the declared incident. Costs associated with emergency medical care should be customary for the emergency medical services provided. Other eligibility considerations specific to emergency medical care activities as an emergency protective measure under the COVID-19 Declarations are provided in this section.

Time Limitations for Completion of Work

  • Emergency medical care costs are typically only eligible for up to 30 days from the declaration date unless extended by FEMA.
  • Under the COVID-19 Declarations, eligible emergency medical care costs are eligible for the duration of the Public Health Emergency, as determined by HHS.

Public versus PNP Facility

  • Emergency medical care is eligible as an emergency protective measure for public and PNP medical facilities, as long as the facility provides an emergency medical service necessary to save lives and/or protect public health and safety. In this case, emergency medical care related to COVID-19 cases is eligible as an emergency protective measure.

Emergency Medical Care versus Long-Term Medical Treatment 

  • Only emergency medical care that is necessary to save lives and/or protect public health and safety is eligible.

Long-term medical treatment is not eligible. This includes:

  • Medical care costs incurred once a COVID-19 patient is admitted to a medical facility on an inpatient basis.
  • Costs associated with follow-on treatment of COVID-19 patients beyond the duration of the Public Health Emergency, as determined by HHS.
  • Administrative costs associated with the treatment of COVID-19 patients.

 Eligible Emergency Medical Care Activities When Depend on the Applicant Type (State, County, Local,etc) and their Legal Responsibility for the Emergency Services and Directions from Local and State Public Health Authorities.  Eligible emergency response costs may include, but are not limited to the following examples:

Contracts

  • Contracts (existing and procured) to provide Covid-19 support services
  • Costs for contractors performing emergency protective work

Equipment

  • Durable medical equipment necessary for the treatment of Covid-19 
  • Leased or purchased equipment for use in temporary medical care facilities
  • Rented Equipment used to provide emergency Covid-19 services

Facilities 

  • Use or lease of specialized medical equipment necessary to respond to COVID-19 cases
  • Temporary facilities and expansions may be used to treat COVID-19 patients or non-COVID-19 patients, as appropriate. 
  • Temporary facilities, such as tents or portable buildings for treatment of survivors
  • Temporary medical facilities and expanded medical care facility capacity for COVID-19 for facilities overwhelmed by COVID-19 cases 
  • Temporary medical facilities and/or enhanced medical/hospital capacity (for treatment when existing facilities are reasonably forecasted to become overloaded in the near term and cannot accommodate the patient load or to quarantine potentially infected persons)
  • Non‐deferrable medical treatment of infected persons in a shelter or temporary medical  facility.
  • Related medical facility services and supplies.
  • Temporary Relocation of Essential Services

Medical Treatment & Actions

  • Costs associated with isolation of employees exposed to COVID-19 during patient care
  • Labor and supply costs for mass care operations
  • Management, control and reduction of immediate threats to public health and safety:
  • Medical waste disposal related to eligible emergency medical care
  • Other costs incurred as a result of COVID-19
  • Overtime paid to employees caring for COVID-19 patients
  • Security for temporary medical care facilities
  • Emergency medical treatment of COVID-19 patients
  • First-aid assessment and provision of first aid
  • Measures taken to protect patients and staff
  • Treatment, stabilization, and monitoring
  • Triage and medically necessary tests and diagnosis related to COVID-19 cases

Medical Supplies

  • A one-time 30-day supply of prescriptions for acute conditions or to replace maintenance  prescriptions
  • Prescription costs related to COVID-19 treatment
  • Vaccinations for survivors and emergency workers to prevent outbreaks of infectious and communicable diseases
  • Consumable medical supplies that are ingested, injected, or applied or are for one-time use only
  • Costs of PPE associated with COVID-19
  • Materials and Supplies used for Covid-19 by staff or contractors 
  • Purchase of PPE, durable medical equipment, and consumable medical supplies necessary to respond to COVID-19 cases (note that disposition requirements may apply)

Medical Transport

  • Emergency medical transport related to COVID-19
  • Emergency medical transport 
  • Evacuation Including Accessible Transportation and Emergency Medical Transportation
  • Use of ambulances for distributing immunizations and setting up mobile medical units

Donated Resource

  • Donated Resources including materials, supplies, commercial services, volunteers

Current FEMA Guidance on Eligibility of Medical Expenses. Prior to the COVID-19 outbreak, FEMA had published guidance on which costs are, and are not, eligible for assistance when "the emergency medical delivery system within declared area is destroyed, severely compromised or overwhelmed."

The guidance emphasizes that FEMA funding is for "extraordinary"situations – which quite clearly describes the COVID-19 outbreak. FEMA's focus is on using funding only for temporary costs created by the declared event,such as "extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care of survivors…Costs are eligible for up to 30 days from the declaration date unless extended by FEMA." FEMA's Policy includes examples of eligible and ineligible work and costs and is available here at page 63.

When the emergency medical delivery system within a declared area is destroyed, severely compromised or overwhelmed, FEMAmay fund extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care of survivors. Costs associated with emergency medical care should be customary for the emergency medical services provided.

More examples of possible eligible emergency medical costs may include, but not limited to:

Labor

  • Daily time records will need to be developed and kept for employees generating incremental costs of labor due to the incident.
  • This will include OT of non-exempt staff caused by COVID-19, hired per diem or non-exempt staff to backfill a paid non-productive employee, new hires to fill COVID-19 responsibilities or to backfill due to the impact of COVID-19, or extra activities of non-exempt staff (e.g. pharmacy staff time to compound/mix medications that cannot be purchased pre-mixed, the time of IT staff to set up laptops for work at home, staff to man ED tent triaging, added security staff time due to visitor policy change, etc.)
  • Will need to keep logs of activities individuals are performing. It will not be enough to only state “COVID-19 related” or “caused by COVID-19”.
  • We do NOT recommend tracking time for Directors, Managers, VPs—who are paid 80 hours per cycle regardless of hours worked (salaried employees) as these are not incremental costs.
  • Tracking of any donated labor resources to a similar level of detail.
  • Kronos (or alike payroll system) approvals, accompanied with additional comments or comment codes, should be the trigger or means by which to identify the individuals to pursue (immediately upon the close of each pay cycle), the detail of hours worked by day on COVID-19 related matters, or induced by the COVID-19 incident. Need to use a “best-efforts” basis to recall and notate this specificity, working with employees and supervisor/timekeepers, and also garner further helpful supporting documentation such as activity logs kept by schedulers or the employee.

Supplies & Other COVID-19 Caused Expenses

  • Any PPE and/or specific medical supplies related to the incident should be charged to a newly created COVID-19 cost center.
  • Any other supply item or service (handwashing agents, remote working technology, contracted labor, etc.) associated with a COVID-19 matter, or incurred to support patient care or patient/employee safety during this event—should be charged to this same newly created COVID-19 cost center. Further examples:
  • Tent rental
  • Newly hired or re-hired staff employed temporarily as contracted labor/on 1099
  • Computers purchased for work from home mandate
  • Licensing of telehealth IT platform
  • Tracking of any donated supplies or equipment to a similar level of detail.
  • Maintaining procurement files—POs, copies of invoices, associated with COVID-19 procured services, equipment, supplies or other purchases.
  • Supplies from stock will be quantified to determine incremental level of spend vs. historical norms.

“Surge Hospital” – or Opened New Units

  • The full operating costs for this facility or these designated new units, as it is, or they are, being renovated and operated to separate non-COVID-19 patients from those that require the more intensive and isolated care.
  • Actual renovation and preparation costs for units.

Lost Revenues/Business Interruption

  • Impact of COVID-19 on elective procedure revenue.
  • An analysis to perform and evaluate drops in volumes occurring in surgery, cardiac, orthopedics…and other services (relative to historic norms), and quantify impact using average payment rates and payer mix.
  • Further guidance under the CARES Act still forthcoming.

Personal Protection Equipment (PPE)

  • Surgical/Procedure Masks
  • N95/N99 Form Fitting Respirators
  • Face masks with integrated shield
  • Powered Air Purifying Respirator, PAPRs
  • Alcohol Based Hand Rub

Hospital Supplies

  • Ventilators with PEEP Functionality
  • Ventilator Circuits
  • Endotracheal Tubes
  • Hospital Gowns

Lab Supplies

  • UVT 3 mL with flocked flex minitip
  • Nasopharyngeal (NP) flocked swabs and viral transport media tubes (1-3 mL)

Diagnostics Supplies and Instruments

  • Roche MagNA Pure 96 DNA and Viral NA Small Volume Kits
  • Roche MagNA Pure 96 System Fluid and Tips
  • Roche MagNA Pure 96 External Lysis Buffer
  • Biomerieux NuciSENS EasyMAG extraction system and supplies

Medical sheltering (e.g., when existing facilities are reasonably forecasted to become overloaded in the near future and cannot accommodate needs)

  • All sheltering must be conducted in accordance with standards and/or guidance approved by HHS/CDC and must be implemented in a manner that incorporates social distancing measures.
  • Non‐congregate medical sheltering may also be eligible, subject to prior approval by FEMA. 
  • Examples include sheltering for those who test positive for COVID-19 who do not require hospitalization but need isolation (including those exiting from hospitals); those who have been exposed to COVID-19 who do not require hospitalization; and asymptomatic high-risk individuals needing social distancing as a precautionary measure, such as people over 65 or with certain underlying health conditions (respiratory, compromised immunities, chronic disease).
  • Sheltering specific populations in non-congregate shelters should be determined by a public health official’s direction or in accordance with the direction or guidance of health officials by the appropriate state or local entities.  The request should specify the populations to be sheltered. 

COST TRACKING IS CRITICAL TO REIMBURSEMENT

During this process, it is necessary to get as much funding as possible to cover additional costs incurred by the extra time and effort put forth including the larger quantity of supplies being utilized. The recent passage of the Federal Stimulus Bill had three relief packages, the third of which is The Coronavirus Aid, Relief and Economic Security (CARES) Act, passed on March 25th. Under this package, healthcare organizations have the opportunity to submit their incremental costs to obtain relief funding. These are costs that are in addition to the normal operating costs that are either “COVID-19 related” or “COVID-19 induced”. For example, extra PPE supplies fall into the former and opening new units to cohort non-COVID-19 patients would fall into the latter category.

The good news is that substantial funding is available. However, governmental rules and requirements around this funding will require an extreme degree of specificity, documentation, organization, and comprehensiveness – in order to actually receive this relief funding. This is somewhat akin to clinical documentation. If organizations don’t record their expenditures with sufficient specificity and have the backup data to support the claims, they will not be paid the correct amount, the amount they deserve.

‍Procurement requirements differ between state versus non-state entities and by normal versus emergency/exigent circumstances. Procurement requirements for the COVID-19 Declarations are:

  • States and territorial governments are required to follow their own procurement procedures as well as the Federal requirements for procurement of recovered materials and inclusion of required contract provisions per 2 C.F.R. §§ 200.317, 200.322, and 200.326.
  • In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, for the duration of the Public Health Emergency, as determined by the U.S. Department of Health and Human Services (HHS), local governments, tribal governments, nonprofits, and other non-state entities may proceed with new and existing non-competitively procured contracts.
  • SLTT governments may contract with medical providers, including private for-profit hospitals, to carry out any eligible activity described in the Eligible Emergency Medical Care Activities section below.
  • The aforementioned memorandum and other information related to exigent and emergency circumstances procurement is available on the FEMA website at www.fema.gov/news-release/2020/03/20/procurement-under-grants-under-exigent-or-emergency-circumstances.

Emergency responses and urgent public health responses are critical priorities. However, financial disaster recovery from the Covid-19 Pandemic response actions will become an essential budget issue in light of reducing tax revenues and increased demand for services.

Accounting Considerations -Tracking and Managing Coronavirus Recovery Costs

Recognizing the logistical and bureaucratic challenges this unprecedented response effort will bring, FEMA is actively working to develop a simplified application and funding process. Your experience with the FEMA Public Assistance Covid-19 Simplified Grant Process will be materially less administratively painful with smoother quicker reimbursement of costs:

 If you accurately track and document COVID-19 response expenditures, 

 It is essential to consistently use activity/cost codes for COVD19 on all purchases of material, labor, supplies, contracts, services, and equipment that are directly related to responding to the COVID-19 pandemic.

 ü  The cost coding systems used by your entity will depend on your supporting technology for operations accounting for payroll, materials/supplies, contracts, and purchasing order protocols.

 

FEMA Public Assistance program is a REIMBURSEMENT program.

Applicants for Public Assistance MUST TAKE IMMEDIATE PROACTIVE ACCOUNTING MEASURES

To help you proactively navigate the complex FEMA programs and track eligible costs incurred, the information available here is provided as a PUBLIC SERVICE so that you and your teams can better track Covid-19 disaster-related costs for financial recovery.

EMERGENCY COVID-19 RESPONSE FIRST, BUT TRACK & DOCUMENT COSTS

CONSISTENT COST TRACKING AND DOCUMENTATION OF COVID-19 RESPONSE COSTS WILL MAKE A REIMBURSEMENT DIFFERENCE

 Emergency responses and urgent public health responses are critical priorities. However, financial disaster recovery from the Covid-19 Pandemic response actions will become an essential budget issue in light of reducing tax revenues and increased demand for services.

Accounting Considerations -Tracking and Managing Coronavirus Recovery Costs

Recognizing the logistical and bureaucratic challenges this unprecedented response effort will bring, FEMA is actively working to develop a simplified application and funding process.

 Your experience with the FEMA Public Assistance Covid-19 Simplified Grant Process will be materially less administratively painful with smoother quicker reimbursement of costs, IF YOU

  1. Accurately track and document all COVID-19 response expenditures
  2. Consistently use activity/cost codes for COVD19 on all purchases of material, labor, supplies, contracts, services, and equipment that are directly related to responding to the COVID-19 pandemic.
  3. ADD NEW COST CODES for operations accounting for payroll, materials/supplies, contracts, and purchasing order protocols regardless of the supporting technology, even if you must use Excel spreadsheets

 FEMA Public Assistance program is a REIMBURSEMENT program.

 Applicants for Public Assistance MUST TAKE IMMEDIATE PROACTIVE ACCOUNTING MEASURES

To help you proactively navigate the complex FEMA programs and track eligible costs incurred, the information available here is provided as a PUBLIC SERVICE so that you and your teams can better track Covid-19 disaster-related costs for financial recovery.

IMPORTANT – ONLY FEMA CAN MAKE ELIGIBILITY AND COST DETERMINATIONS

The current FEMA PA Policy & Procedures Guide provides information on emergency work for traditional natural disasters.

FEMA HQ will most likely provide Covid-19 Disaster Specific Guidance in near future




Emergency

Contact Your State Emergency Management Agency for Public Assistance Portal Setup & Applicant Briefings

Coronavirus (COVID-19) Pandemic:

Purchase and Distribution of Food Eligible for Public Assistance

Release date: April 12, 2020

Release Number: FEMA Policy FP 104-010-03

BACKGROUND

Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.

As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.

PURPOSE

This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4

PRINCIPLES

A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.

B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.

C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.

REQUIREMENTS

A. APPLICABILITY

Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.

1. This policy applies to:

a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.

b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.

c. This policy does not apply to any other emergency or major disaster declaration.

B. GENERAL ELIGIBILITY CONSIDERATIONS

Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.

1. Legal Responsibility.

a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.

b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.

2. Work Eligibility.

a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.

b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.

c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.

d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.

3. Cost Eligibility.

a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8

b. Applicants must follow applicable cost principles and procurement requirements.9

i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.

iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.

c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11


4. Time Limitations.

a. FEMA may provide funding for an initial 30-day time period.

b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.

c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.


Keith Turi
Assistant Administrator, Recovery Directorate
Date:  April 11, 2020

###
 

ADDITIONAL INFORMATION

REVIEW CYCLE

This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.

AUTHORITIES and REFERENCES

Authorities

  • Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended
  • Title 44 of the Code of Federal Regulations, Part 206, Subparts G and H

References

  • Public Assistance Program and Policy Guide, Version 3.1

MONITORING AND EVALUATION

FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.

QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov

1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.

5 44 CFR §206.223.

6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.

8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.

Last Updated: 

April 12, 2020 - 18:13

Coronavirus (COVID-19) Pandemic:

Purchase and Distribution of Food Eligible for Public Assistance

Release date: April 12, 2020

Release Number: FEMA Policy FP 104-010-03

BACKGROUND

Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.

As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.

PURPOSE

This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4

PRINCIPLES

A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.

B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.

C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.

REQUIREMENTS

A. APPLICABILITY

Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.

1. This policy applies to:

a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.

b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.

c. This policy does not apply to any other emergency or major disaster declaration.

B. GENERAL ELIGIBILITY CONSIDERATIONS

Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.

1. Legal Responsibility.

a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.

b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.

2. Work Eligibility.

a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.

b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.

c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.

d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.

3. Cost Eligibility.

a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8

b. Applicants must follow applicable cost principles and procurement requirements.9

i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.

iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.

c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11


4. Time Limitations.

a. FEMA may provide funding for an initial 30-day time period.

b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.

c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.


Keith Turi
Assistant Administrator, Recovery Directorate
Date:  April 11, 2020

###
 

ADDITIONAL INFORMATION

REVIEW CYCLE

This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.

AUTHORITIES and REFERENCES

Authorities

  • Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended
  • Title 44 of the Code of Federal Regulations, Part 206, Subparts G and H

References

  • Public Assistance Program and Policy Guide, Version 3.1

MONITORING AND EVALUATION

FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.

QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov

1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.

5 44 CFR §206.223.

6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.

8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.

Last Updated: 

April 12, 2020 - 18:13

Coronavirus (COVID-19) Pandemic:

Purchase and Distribution of Food Eligible for Public Assistance

Release date: April 12, 2020

Release Number: FEMA Policy FP 104-010-03

BACKGROUND

Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.

As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.

PURPOSE

This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4

PRINCIPLES

A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.

B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.

C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.

REQUIREMENTS

A. APPLICABILITY

Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.

1. This policy applies to:

a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.

b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.

c. This policy does not apply to any other emergency or major disaster declaration.

B. GENERAL ELIGIBILITY CONSIDERATIONS

Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.

1. Legal Responsibility.

a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.

b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.

2. Work Eligibility.

a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.

b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.

c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.

d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.

3. Cost Eligibility.

a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8

b. Applicants must follow applicable cost principles and procurement requirements.9

i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.

iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.

c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11


4. Time Limitations.

a. FEMA may provide funding for an initial 30-day time period.

b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.

c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.


Keith Turi
Assistant Administrator, Recovery Directorate
Date:  April 11, 2020

###
 

ADDITIONAL INFORMATION

REVIEW CYCLE

This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.

AUTHORITIES and REFERENCES

Authorities

  • Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended
  • Title 44 of the Code of Federal Regulations, Part 206, Subparts G and H

References

  • Public Assistance Program and Policy Guide, Version 3.1

MONITORING AND EVALUATION

FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.

QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov

1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.

5 44 CFR §206.223.

6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.

8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.

Last Updated: 

April 12, 2020 - 18:13

Coronavirus (COVID-19) Pandemic:

Purchase and Distribution of Food Eligible for Public Assistance

Release date: April 12, 2020

Release Number: FEMA Policy FP 104-010-03

BACKGROUND

Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.

As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.

PURPOSE

This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4

PRINCIPLES

A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.

B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.

C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.

REQUIREMENTS

A. APPLICABILITY

Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.

1. This policy applies to:

a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.

b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.

c. This policy does not apply to any other emergency or major disaster declaration.

B. GENERAL ELIGIBILITY CONSIDERATIONS

Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.

1. Legal Responsibility.

a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.

b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.

2. Work Eligibility.

a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.

b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.

c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.

d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.

3. Cost Eligibility.

a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8

b. Applicants must follow applicable cost principles and procurement requirements.9

i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.

iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.

c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11


4. Time Limitations.

a. FEMA may provide funding for an initial 30-day time period.

b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.

c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.


Keith Turi
Assistant Administrator, Recovery Directorate
Date:  April 11, 2020

###
 

ADDITIONAL INFORMATION

REVIEW CYCLE

This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.

AUTHORITIES and REFERENCES

Authorities

  • Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended
  • Title 44 of the Code of Federal Regulations, Part 206, Subparts G and H

References

  • Public Assistance Program and Policy Guide, Version 3.1

MONITORING AND EVALUATION

FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.

QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov

1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.

5 44 CFR §206.223.

6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.

8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.

Last Updated: 

April 12, 2020 - 18:13

Coronavirus (COVID-19) Pandemic:

Purchase and Distribution of Food Eligible for Public Assistance

Release date: April 12, 2020

Release Number: FEMA Policy FP 104-010-03

BACKGROUND

Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.

As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.

PURPOSE

This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4

PRINCIPLES

A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.

B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.

C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.

REQUIREMENTS

A. APPLICABILITY

Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.

1. This policy applies to:

a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.

b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.

c. This policy does not apply to any other emergency or major disaster declaration.

B. GENERAL ELIGIBILITY CONSIDERATIONS

Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.

1. Legal Responsibility.

a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.

b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.

2. Work Eligibility.

a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.

b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.

c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.

d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.

3. Cost Eligibility.

a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8

b. Applicants must follow applicable cost principles and procurement requirements.9

i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.

iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.

c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11


4. Time Limitations.

a. FEMA may provide funding for an initial 30-day time period.

b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.

c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.


Keith Turi
Assistant Administrator, Recovery Directorate
Date:  April 11, 2020

###
 

ADDITIONAL INFORMATION

REVIEW CYCLE

This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.

AUTHORITIES and REFERENCES

Authorities

  • Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended
  • Title 44 of the Code of Federal Regulations, Part 206, Subparts G and H

References

  • Public Assistance Program and Policy Guide, Version 3.1

MONITORING AND EVALUATION

FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.

QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov

1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.

5 44 CFR §206.223.

6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.

8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.

Last Updated: 

April 12, 2020 - 18:13

Coronavirus (COVID-19) Pandemic:

Purchase and Distribution of Food Eligible for Public Assistance

Release date: April 12, 2020

Release Number: FEMA Policy FP 104-010-03

BACKGROUND

Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.

As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.

PURPOSE

This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4

PRINCIPLES

A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.

B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.

C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.

REQUIREMENTS

A. APPLICABILITY

Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.

1. This policy applies to:

a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.

b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.

c. This policy does not apply to any other emergency or major disaster declaration.

B. GENERAL ELIGIBILITY CONSIDERATIONS

Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.

1. Legal Responsibility.

a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.

b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.

2. Work Eligibility.

a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.

b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.

c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.

d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.

3. Cost Eligibility.

a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8

b. Applicants must follow applicable cost principles and procurement requirements.9

i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.

iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.

c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11


4. Time Limitations.

a. FEMA may provide funding for an initial 30-day time period.

b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.

c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.


Keith Turi
Assistant Administrator, Recovery Directorate
Date:  April 11, 2020

###
 

ADDITIONAL INFORMATION

REVIEW CYCLE

This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.

AUTHORITIES and REFERENCES

Authorities

  • Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended
  • Title 44 of the Code of Federal Regulations, Part 206, Subparts G and H

References

  • Public Assistance Program and Policy Guide, Version 3.1

MONITORING AND EVALUATION

FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.

QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov

1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.

5 44 CFR §206.223.

6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.

8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.

Last Updated: 

April 12, 2020 - 18:13

Coronavirus (COVID-19) Pandemic:

Purchase and Distribution of Food Eligible for Public Assistance

Release date: April 12, 2020

Release Number: FEMA Policy FP 104-010-03

BACKGROUND

Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.

As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.

PURPOSE

This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4

PRINCIPLES

A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.

B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.

C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.

REQUIREMENTS

A. APPLICABILITY

Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.

1. This policy applies to:

a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.

b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.

c. This policy does not apply to any other emergency or major disaster declaration.

B. GENERAL ELIGIBILITY CONSIDERATIONS

Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.

1. Legal Responsibility.

a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.

b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.

2. Work Eligibility.

a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.

b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.

c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.

d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.

3. Cost Eligibility.

a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8

b. Applicants must follow applicable cost principles and procurement requirements.9

i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.

iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.

c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11


4. Time Limitations.

a. FEMA may provide funding for an initial 30-day time period.

b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.

c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.


Keith Turi
Assistant Administrator, Recovery Directorate
Date:  April 11, 2020

###
 

ADDITIONAL INFORMATION

REVIEW CYCLE

This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.

AUTHORITIES and REFERENCES

Authorities

  • Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended
  • Title 44 of the Code of Federal Regulations, Part 206, Subparts G and H

References

  • Public Assistance Program and Policy Guide, Version 3.1

MONITORING AND EVALUATION

FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.

QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov

1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.

5 44 CFR §206.223.

6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.

8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.

Last Updated: 

April 12, 2020 - 18:13

Coronavirus (COVID-19) Pandemic:

Purchase and Distribution of Food Eligible for Public Assistance

Release date: April 12, 2020

Release Number: FEMA Policy FP 104-010-03

BACKGROUND

Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.

As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.

PURPOSE

This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4

PRINCIPLES

A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.

B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.

C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.

REQUIREMENTS

A. APPLICABILITY

Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.

1. This policy applies to:

a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.

b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.

c. This policy does not apply to any other emergency or major disaster declaration.

B. GENERAL ELIGIBILITY CONSIDERATIONS

Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.

1. Legal Responsibility.

a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.

b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.

2. Work Eligibility.

a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.

b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.

c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.

d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.

3. Cost Eligibility.

a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8

b. Applicants must follow applicable cost principles and procurement requirements.9

i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.

iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.

c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11


4. Time Limitations.

a. FEMA may provide funding for an initial 30-day time period.

b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.

c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.


Keith Turi
Assistant Administrator, Recovery Directorate
Date:  April 11, 2020

###
 

ADDITIONAL INFORMATION

REVIEW CYCLE

This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.

AUTHORITIES and REFERENCES

Authorities

  • Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended
  • Title 44 of the Code of Federal Regulations, Part 206, Subparts G and H

References

  • Public Assistance Program and Policy Guide, Version 3.1

MONITORING AND EVALUATION

FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.

QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov

1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.

5 44 CFR §206.223.

6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.

8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.

Last Updated: 

April 12, 2020 - 18:13

Coronavirus (COVID-19) Pandemic:

Purchase and Distribution of Food Eligible for Public Assistance

Release date: April 12, 2020

Release Number: FEMA Policy FP 104-010-03

BACKGROUND

Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.

As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.

PURPOSE

This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4

PRINCIPLES

A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.

B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.

C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.

REQUIREMENTS

A. APPLICABILITY

Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.

1. This policy applies to:

a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.

b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.

c. This policy does not apply to any other emergency or major disaster declaration.

B. GENERAL ELIGIBILITY CONSIDERATIONS

Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.

1. Legal Responsibility.

a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.

b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.

2. Work Eligibility.

a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.

b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.

c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.

d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.

3. Cost Eligibility.

a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8

b. Applicants must follow applicable cost principles and procurement requirements.9

i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.

iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.

c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11


4. Time Limitations.

a. FEMA may provide funding for an initial 30-day time period.

b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.

c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.


Keith Turi
Assistant Administrator, Recovery Directorate
Date:  April 11, 2020

###
 

ADDITIONAL INFORMATION

REVIEW CYCLE

This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.

AUTHORITIES and REFERENCES

Authorities

  • Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended
  • Title 44 of the Code of Federal Regulations, Part 206, Subparts G and H

References

  • Public Assistance Program and Policy Guide, Version 3.1

MONITORING AND EVALUATION

FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.

QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov

1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.

5 44 CFR §206.223.

6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.

8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.

Last Updated: 

April 12, 2020 - 18:13

Option To Transition Federal Community- Based Testing Sites To State Management

Release date: April 9, 2020

Release Number: FEMA Advisory

The Department of Health and Human Services and the Federal Emergency Management Agency (FEMA) worked with state and local partners to establish Community-Based Testing Sites (CBTS) in CDC-prioritized locations across the country. The CBTS model was developed for states, local public health agencies, healthcare systems, and commercial partners as they work together to stop the spread of COVID-19 in their communities, focusing initially on healthcare facility workers and first responders.

The CBTS model has been a profound success, screening over 84,800 individuals; testing over 77,000 individuals; and having a COVID positive rate of approximately 20% - meaning that the CBTS are testing the right individuals at the right time. Since the onset, we have also led technological advances, such as the validation of nasal self- swabbing, which has minimized the need for trained health professionals and personal protective equipment.

As a result of these advances, many states have indicated that they want to fully transition the CBTS to state control, allowing more flexibility in testing and reporting. Many states have already begun transitioning these programs, and other states have implemented testing sites based on the CBTS model.

Therefore, the federal CBTS Task Force is working with states to clarify whether sites want to continue as they are now, or transition to full state control. Under state control, CBTS sites would still receive technical assistance from the federal government, and be able to request supplies through the normal FEMA systems.

We have requested that a formal decision be sent to the CBTS Task Force, by either the state’s Governor or his/her representative, no later than April 9, 2020 at 5:00pm EST, regarding whether the site will continue as is current, or transition to full state control.

The CBTS Task Force will continue to work closely with the states and FEMA Regions to ensure a successful transition and ensure that each state has the flexibility and autonomy to manage and operate testing sites within the needs of their specific community.

Transition Plan

The federal government will continue supporting each site through the transition process to ensure that the states can fully manage and operate their CBTS program independently. This includes providing each site with enough supplies to continue to operate for 7-14 days after the agreed upon transition date.

Potential advantages of a fully state-managed site include:

  • The opportunity for the states to better serve their own communities, while leveraging federal support to augment their state’s success.
  • The potential to expand patient throughput to >250 per day, use a credentialed provider of their choice, and route patient samples to a lab of their choice.
  • The ability to use a locally run call center or the regular state notification processes for public health results.


Responsibilities

The USPHS Commissioned Corps officers onsite (1-3 per location) will work with the site manager to plan for and complete the transition checklist and will verify that the site is ready for transition to the state.   Once the sites are transitioned to the states, each state will be responsible for:

  • Assuming responsibility for staffing their sites to ensure quality control, safety, biohazard was te management, and security;
  • Assuming responsibility for the credentialed provider to order the labs;
  • Procuring and managing their own cadre of supplies (e.g., personal protective equipment, test kits, etc.); requests for continued federal support should be made through the normal FEMA process
  • Contracting for lab testing; and
  • Managing patient notification process for results, while maintaining patient privacy under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

After transition, states can choose to source testing kits and supplies through their standard ordering process or to request assistance from FEMA using the standard Resource Request Process through the appropriate FEMA Region. Eligibility for Reimbursement under FEMA’s Public Assistance Program.

States may also seek reimbursement for eligible expenses associated with running their sites through FEMA’s Public Assistance program. In general, activities local and state governments are conducting at CBTS are eligible for reimbursement under the Public Assistance program, subject to a cost share. Costs should be reasonable and necessary to address the public health needs of the event and all costs incurred should be documented. More information on what COVID-19 activities are eligible for reimbursement under the Public Assistance Program can be found in the COVID-19 Pandemic: Eligible Emergency Protective Measures fact sheet and the COVID-19 Pandemic: Emergency Medical Care fact sheet Information on how to apply is available in the COVID-19 Pandemic: Public Assistance Simplified Application fact sheet”. More information on contracting and procurement can be found in the Procurement Under Grants: Under Exigent or Emergency Circumstances fact sheet.

Last Updated: 

April 9, 2020 - 17:42

Coronavirus (COVID-19) Pandemic: International Reagent Resource

Release date:

April 13, 2020

Release Number:

Fact Sheet

Established by Centers for Disease Control and Prevention (CDC), the International Reagent Resource provides resources for surveillance of and detection of influenza and other respiratory pathogens to laboratories with documented training and competency. The organization acquires, authenticates, and produces reagents that scientists need to carry out basic research and develop improved diagnostic tests, vaccines, and detection methods. The IRR is under contract by American Type Culture Collection (ATCC).

The coronavirus (COVID-19) Federal Interagency Task Force continues to expand items supplied by the IRR to help public health labs access diagnostics supplies and reagents for COVID-19 testing free of charge. Consolidating testing supplies under the IRR simplifies the resource request process for states and territories and alleviates the burden on public health labs, increasing efficiency by reducing the need to work with separate, individual suppliers for swabs, reagents and other diagnostic testing supplies.

  • State public health labs should submit open, unfilled requests directly to the IRR.
  • FEMA Regions should cancel such requests for state labs for diagnostic resources with National Response Coordination Center (NRCC)/WebEOC.
  • State public health labs must be registered entities with the IRR in order to access its supplies and resources.  During this emergency response, additional laboratories may be authorized to access IRR supplies and resources by their state’s primary public health laboratory or other qualified public health entity.
  • Tribes and other entities will continue procuring lab diagnostic supplies through the commercial market.
  • The expanded list of diagnostic supplies will include supplies to support three components needed for COVID-19 testing:
  • Sample kits, to swab via the nose and/or throat.
  • Extraction kits, to isolate the viral genetic material (RNA); and
  • Test kits, to determine the presence of COVID-19.
  • To order resources from the IRR, registered public health labs must submit their request for supplies online at www.InternationalReagentResource.org. All requests are routed to CDC for review and approval.    
  • CDC sends approved requests to IRR for processing within 24-48 hours. Those supplies produced by the CDC or encompassed within CDC FDA-approved Emergency Use Authorization assay will ship from IRR directly, typically within 2-3 business days from order approval.  Supplies purchased by IRR from other commercial manufacturers will ship directly from those manufacturers’ facilities upon receipt of approved orders from CDC according to their shipping schedule.
  • The NRCC continues to provide prioritization guidance to the IRR using epidemiological and testing data.
  • The IRR retains operational latitude to adjust allocations as they apply the NRCC guidance.
  • Laboratories are encouraged to order reagents in line with immediate (1 – 1 ½ weeks) testing needs so all states and territories may support testing while commercial inventories are relatively constrained.
  • As commercial manufacturers continue to scale up their production capabilities, IRR anticipates that inventory supplies will expand.
  • For supplies carried by the IRR, public health labs are advised only to submit requests through the IRR.

Visit www.InternationalReagentResource.org to see the full list and specifications for available COVID-19 diagnostics supplies and reagents.

Last Updated:

April 13, 2020 - 14:34